Curran v. Vincent

Mark P. Painter, Presiding Judge.

{¶ 1} The sellers of a home were told that their buyer, who had signed a contract and put down earnest money, had a medical emergency in his family and could no longer afford to purchase the property. The sellers agreed to release the buyer from the contract. But at the same time the buyer claimed distress, he purchased another, more expensive home.

{¶ 2} The sellers sued for fraud, but the trial court granted summary judgment for the buyer on the basis that the sellers were attempting to make a tort claim out of a breach of contract. In our view, there has…